S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5088

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 10, 2009
                                      ___________

       Introduced  by M. of A. V. LOPEZ, ORTIZ -- read once and referred to the
         Committee on Housing

       AN ACT to amend the emergency tenant protection act of  nineteen  seven-
         ty-four  and  the  administrative  code  of  the  city of New York, in
         relation to prohibiting charging market rent for certain vacant  hous-
         ing accommodations

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 6 of section 4 of chapter 576 of the laws of  1974,
    2  constituting  the  emergency  tenant protection act of nineteen seventy-
    3  four, is amended by adding a new subdivision h to read as follows:
    4    H. NO OWNER SHALL BE ENTITLED TO CHARGE A MARKET OR FIRST RENT  FOR  A
    5  VACANT HOUSING ACCOMMODATION SOLELY BY REASON OF A CHANGE IN THE PERIME-
    6  TER  AND  DIMENSIONS OF SUCH ACCOMMODATION THAT REDUCES THE SIZE OF SUCH
    7  ACCOMMODATION.
    8    S 2. Subdivision c of section 26-511 of the administrative code of the
    9  city of New York is amended by adding a new paragraph  5-b  to  read  as
   10  follows:
   11    (5-B)  PROVIDES THAT, NO OWNER SHALL BE ENTITLED TO CHARGE A MARKET OR
   12  FIRST RENT FOR A VACANT HOUSING ACCOMMODATION  SOLELY  BY  REASON  OF  A
   13  CHANGE  IN  THE  PERIMETER  AND  DIMENSIONS  OF  SUCH ACCOMMODATION THAT
   14  REDUCES THE SIZE OF SUCH ACCOMMODATION.
   15    S 3. This act shall take effect immediately, and shall  apply  to  all
   16  proceedings  pending  before  the New York state division of housing and
   17  community renewal or before any court on the date it shall take  effect;
   18  and  provided  that  the amendments to section 6 of the emergency tenant
   19  protection act of nineteen seventy-four made by section one of this  act
   20  shall  expire  on the same date as such act expires and shall not affect
   21  the expiration of such act as provided in section 17 of chapter  576  of
   22  the  laws  of 1974; and provided that the amendments to subdivision c of
   23  section 26-511 of the rent stabilization law of nineteen hundred  sixty-
   24  nine  made  by  section two of this act shall expire on the same date as
   25  such law expires and shall not affect the  expiration  of  such  law  as
   26  provided under section 26-520 of such law.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08698-01-9